Global delivery company United Parcel Service (UPS) faced a setback in its attempt to secure copyright registration for its famous shield logo.
The U.S. Copyright Office rejected two versions of the UPS logo because they lacked sufficient creative expression.
The decision highlights an important question: Does a famous logo automatically qualify for copyright protection?
For Malaysian businesses, this case also offers valuable lessons about trademark protection, copyright ownership, and MyIPO’s Copyright Voluntary Notification system. (Copyright Protection Malaysia)
Key Takeaways: UPS Copyright Decision
- UPS failed to secure copyright registration for two versions of its famous shield logo in the United States.
- A famous logo does not automatically qualify for copyright protection. Originality remains an important requirement.
- Trademark and copyright serve different purposes. A logo may qualify for trademark protection without meeting copyright requirements.
- Malaysia grants automatic copyright protection to original works that meet the legal requirements.
- MyIPO’s Copyright Voluntary Notification helps copyright owners document their works and support ownership claims.
Why Did the UPS Logo Fail to Qualify for Copyright Protection?
UPS applied to register two versions of its brown-and-gold shield logo.
One version featured the letters “UPS”, while the other displayed the shield without lettering.
However, the U.S. Copyright Office found that the designs lacked sufficient originality.
The authority noted that the logos mainly combined familiar design elements. These included a conventional shield shape, ordinary lettering, and gradient shading.
UPS argued that its designers had made several creative choices.
Nevertheless, the Copyright Office concluded that these elements did not demonstrate enough creative expression to qualify for copyright registration.
As a result, UPS failed to secure copyright registration for either version.
Importantly, the decision did not remove UPS’s trademark rights. The company can continue relying on its trademark protection.
What Is the Difference Between Trademark and Copyright?
Trademark and copyright protect different aspects of a business’s intellectual property.
Trademark protection helps consumers identify the source of goods or services. For example, customers recognize the UPS shield as a symbol of its delivery services.
Copyright protection protects original creative expression. This includes eligible illustrations, drawings, photographs, and graphic designs.
Therefore, a logo may qualify as a trademark without meeting copyright requirements.
Likewise, an original artistic logo may enjoy copyright protection before consumers recognize it as a brand.
Businesses should consider both forms of protection when developing their brand identity.
Copyright Protection Malaysia: Does Malaysia Automatically Protect Business Logos Under Copyright?
Malaysia protects eligible creative works under the Copyright Act 1987.
Unlike trademark registration, copyright generally arises automatically when an author creates an eligible original work and records it in material form.
For example, an original logo illustration may qualify for copyright protection as an artistic work.
However, not every logo automatically qualifies for copyright protection.
Simple shapes, common symbols, and ordinary lettering may lack sufficient originality.
Furthermore, copyright protects the expression of an idea rather than the idea itself.
Businesses should therefore assess whether their logos contain enough original creative elements to qualify for protection.
What Is Copyright Voluntary Notification in Malaysia?
Although Malaysia grants automatic copyright protection, proving ownership can sometimes become difficult.
For example, a dispute may arise over who created a logo or who owns its copyright.
Such disputes often involve freelance designers, creative agencies, or external contractors.
To address these concerns, the Intellectual Property Corporation of Malaysia (MyIPO) offers a Copyright Voluntary Notification system.
This system allows eligible copyright owners to notify MyIPO about their creative works.
MyIPO then maintains an official record of the notified work and its declared ownership details.
Importantly, voluntary notification does not create copyright. Instead, it provides useful documentation to support existing rights.
Why Should Malaysian Businesses Apply for Copyright Voluntary Notification?
Copyright Voluntary Notification offers several practical benefits.
1. Create an Official Copyright Record
MyIPO maintains an official record of the notified work and its declared copyright owner.
This record can help businesses document their creative assets and ownership details.
2. Support Copyright Ownership Claims
A copyright notification record can provide useful evidence during ownership or infringement disputes.
Under Malaysian copyright law, relevant notification records may serve as prima facie evidence of recorded particulars.
However, other parties may still challenge those particulars.
3. Improve Intellectual Property Management
Businesses often create many copyright works. These include logos, photographs, illustrations, advertisements, and digital content.
Voluntary notification helps businesses maintain organized records of important creative assets.
4. Support Licensing and Commercial Transactions
Copyright owners may license, assign, or commercially exploit their creative works.
An official notification record can provide useful supporting documentation during these transactions.
However, businesses should also retain contracts, assignment documents, and evidence of creation.
Copyright Voluntary Notification provides additional documentation, not a guarantee of copyright validity or ownership.
How to Apply for Copyright Voluntary Notification in Malaysia
Businesses can submit a Copyright Voluntary Notification application to MyIPO.
The general process involves four steps:
- Identify the copyright work. This may include an original logo, illustration, photograph, or other eligible creative work.
- Prepare the required details. Provide information about the work, its author, and its copyright owner.
- Submit the application. Complete Form CR-1 and provide the required copy of the work and supporting information.
- Pay the official fees. The standard notification fee is RM200 per work. Additional charges may apply depending on the filing requirements.
MyIPO also offers an online system for copyright voluntary notification.
Businesses should ensure that they own the relevant copyright before submitting an application.
For example, commissioning a designer to create a logo does not always mean the business automatically owns every copyright interest.
Therefore, businesses should review their agreements and obtain written assignments where necessary.
Should Businesses Protect Their Logos Through Trademark or Copyright?
For most businesses, trademark registration plays an important role in protecting brand identity.
A registered trademark helps businesses establish exclusive rights to use their marks for the relevant goods or services, subject to applicable legal limits.
Meanwhile, copyright may protect the original artistic elements of a logo.
Where a logo qualifies for copyright protection, businesses should also consider MyIPO’s Copyright Voluntary Notification.
The UPS case shows that trademark recognition does not guarantee copyright protection.
Therefore, businesses should develop a suitable intellectual property strategy instead of relying on one form of protection.
Protect Your Logo and Creative Works with Lymesol IP
At Lymesol IP, we help businesses protect their brands and creative assets through trademark registration and Copyright Voluntary Notification in Malaysia.
Our consultants have over 10 years of experience in intellectual property services.
Whether you need to register a trademark or document copyright ownership, we can guide you through the relevant procedures.
Protect your creative works and strengthen your intellectual property records today.
Contact Lymesol IP for professional trademark and copyright services in Malaysia.
Sources
Business Insurance – UPS Logo Fails to Deliver on Copyright Protection